**Texas Attorney General Ken Paxton Petitions Texas Supreme Court to Halt Harris County’s ‘Income Support’ Program**
Texas Attorney General Ken Paxton has made a petition to the Texas Supreme Court to halt Harris County’s “Income Support” program, arguing that the program violates the state constitution.
On June 14, the Texas Supreme Court issued an order approving Paxton’s request to suspend payments for the “Uplift Harris” program, which involves monthly unconditional payments of $500 to nearly 2,000 residents over 18 months.
“While we have not made a final judgment on the merits of the program, serious questions have been raised by the State about the constitutionality of the ‘Uplift Harris’ program. If payments were to begin during the pendency of this appeal, potential violations of the Texas Constitution would be rendered irretrievable and irrevocable,” wrote a judge from the Texas Supreme Court in the order.
Paxton filed a lawsuit against Harris County in early April regarding the “Income Support” program, alleging that the program reallocates public funds in a manner that violates the Texas Constitution, which prohibits counties, cities, or towns from distributing public funds to individuals. He contends that the county’s program is tantamount to an unconstitutional handout, as beneficiaries are chosen arbitrarily, public funds are distributed unconditionally, expenses cannot be controlled, and there is no guarantee of any public benefit.
The program was announced by Harris County Judge Lina Hidalgo in 2023. According to the program, 1,928 eligible Harris County residents would be selected through a lottery to receive $500 in cash payments each month, for a duration of 18 months, with no strings attached. The funding for this initiative comes from $20.5 million obtained by the county through the 2021 American Rescue Plan Act. Paxton argues that this money should be solely dedicated to COVID-19 relief efforts.
After a lower court denied Texas’s emergency request to block the program, Paxton turned to the Texas Supreme Court, which in late April granted a temporary administrative stay. Now, with the approval on June 14, the Texas Supreme Court has halted all payments under the Uplift Harris program, awaiting further court orders.
“Harris County’s Income Support program clearly and blatantly violates the Texas Constitution,” Paxton stated in a release on June 14. “While the case is still pending, the Texas Supreme Court has stepped in and put an end to this abuse of power and unlawful use of taxpayer funds.”
The administrators of the Uplift Harris program issued a statement acknowledging the ruling but vowed to continue their legal battle.
“Due to the lawsuit brought by Texas Attorney General Ken Paxton against Harris County regarding Uplift Harris, payments under the program have been suspended by the Texas Supreme Court,” the administrators said in a statement on the Uplift Harris program website.
“Regrettably, the first payment will not be disbursed as planned,” the statement continued. “Harris County will continue to defend the program in court and strive to provide much-needed resources for Harris County residents.”
Officials in Harris County, including Houston, have previously stated that Uplift Harris aims to assist families in the county’s poorest zip codes, where income falls below 200% of the federal poverty line – $15,060 for an individual and $31,200 for a family of four.
“The program aims to improve participants’ financial and health outcomes, as well as to understand the impact of guaranteed income on individuals and their communities,” stated a release on the Uplift Harris program website.
Certain non-U.S. citizens, such as green card holders or those who have come to the U.S. through asylum, are eligible for cash payments. However, Harris County officials clarified that undocumented immigrants do not have direct eligibility.
“If you live in a household where members have different immigration statuses and are 18 years or older and meet all eligibility criteria, including being a U.S. citizen or having one of the legal statuses mentioned above, you can still apply,” the program’s website stated. “For example, an adult – a U.S. citizen or a non-citizen with legal status – can apply for their family, even if other members in their family or household are undocumented immigrants.”
There are no restrictions on the use of funds other than prohibiting support for activities related to terrorism, for activities that harm community members’ safety and security, or for promoting or engaging in any criminal or illegal activities.
Following Paxton’s temporary administrative stay on the program, Harris County District Attorney Christian Menefee expressed disappointment in the Texas Supreme Court’s ruling, alleging that the higher court has become politicized in recent years.
“Unfortunately, the court has taken this extraordinary step to shut down a program aimed at helping the people of Harris County, even if temporarily,” said Menefee in a statement. “The court is well aware that the first payment was scheduled for tomorrow. I will continue to fight to protect this initiative, and I look forward to making the case that Uplift Harris is good both legally and morally.”
A similar “Income Support” program planned to be launched in El Paso County, Texas, later this summer was halted a few days ago.